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Comment Plainly Unconstitutional (Score 1, Flamebait) 140

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The "TikTok ban" is, on its face, unconstitutional. There are two theories often stated about how TikTok is bad, one is that the algorithm is manipulated to push certain viewpoints. This goes right to the heart of the First Amendment, the government cannot put itself into the role of censoring the editorial decisions of a publisher. TikTok is a private entity here and a publisher (the press) and it has a clear constitutional right to publish whatever material it chooses so long as that material is not within a few narrowly defined categories such as defamation, csam, or calls to violence. If there was some material that ran afoul of that the remedy would be to ban that material, not to ban a particular publisher from existing.

The second theory is that TikTok is collecting data on its users which is then relayed to the big scary Chinese Communist Party. Every large social media platform collects similar data, and most are perfectly happy to sell that data to any and all buyers who have the money, including the CCP. The remedy here is for Congress to pass data protection laws to protect users here. Just banning TikTok will not only infringe on the 1A rights of millions of TikTok users it will fail to actually do anything to protect the data generated by those users nor will it do anything to protect national security.

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